1 2025:CGHC:23414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3906 of 2025 Laxman Chhura @ Kaliya Chhura S/o Jathiya Chhura Aged About 40 Years R/o Limpara, Balangir, Mudibahal, Odisha. Presently At House No. 06, Block No. 6, B.S.U.P. Colony Saddu, P.S. Vidhansabha, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Devendra Nagar, Raipur, District Raipur Chhattisgarh. ... Respondent For applicant : Shri Vinay Nagdev, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.180/2024 registered at Police Station Devendra Nagar, District Raipur, C.G. for the offence punishable under Sections 380, 457, 34 of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.13 18:00:54 +0530 2 IPC. 2. Case of the prosecution, in brief, is that the complainant filed a missing report with the concerned police station, stating that on the date of the incident, unknown persons entered their house and stolen gold and silver items. Based on the complainant's report, the police registered a case under Sections 380, 457 and 34 of the Indian Penal Code (IPC) against unknown persons. Following an investigation, the police arrested the present applicant based on the memorandum of statement of other co-accused person. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant, the first bail application of the applicant was rejected by this court on 16/08/2024 on the ground that the applicant had criminal history of 13 cases and the trial was also expedited to be completed within six months. It is stated that so far status of the trial is concerned out of 8 prosecution witnesses only evidence of two prosecution witnesses has been recorded and so far as the criminal history is concerned out of 14 cases, 11 cases are of the year 2000 to 2005 and same has been disposed of whereas in rest of the cases i.e. one case of the year 2022 and two cases of the year 2024, the applicant is stated to be on bail and he is in jail since 12/05/2024, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail 3 application of the applicant and the first bail application of the applicant was rejected by this court on 16/08/2024 on the ground that the applicant had criminal history of 13 cases and the trial was also expedited to be completed within six months. Considering the fact that out of 8 prosecution witnesses only evidence of two prosecution witnesses has been recorded and so far as the criminal history is concerned, out of 14 cases, 11 cases are of the year 2000 to 2005 and same has been disposed of whereas in rest of the cases i.e. one case of the year 2022 and two cases of the year 2024, the applicant is stated to be on bail and considering the fact that the applicant is in jail since 12/05/2024, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the second bail application is allowed and the applicant - Laxman Chhura @ Kaliya Chhura, involved in Crime No.180/2024 registered at Police Station Devendra Nagar, District Raipur, C.G. for the offence punishable under Sections 380, 457, 34 of IPC, be released on bail on his furnishing personal bond with heavy sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri